Law-Enforcement Officers' Protection Act of 2005 - Amends the federal criminal code to prohibit killing or attempting to kill a federally funded public safety officer (including a judicial officer). Establishes or increases penalties for: (1) assaulting such an officer, federal judge, and other federal official; (2) retaliating against such an officer, judge, or official by murdering or assaulting a family member; and (3) murder, manslaughter, and related crimes under federal jurisdiction.
Dr. John B. Jamison Act - Amends the federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to a state court judgment for killing a public safety officer, unless specified conditions apply. Requires the court to ensure that, in a federal habeas corpus proceeding arising out of a state conviction, a crime victim is afforded specified rights.
Limits to out of pocket expenditures and other monetary loss the damages that may be recovered (and prohibits the recovery of attorney fees) by an individual seeking redress for a deprivation of any rights, privileges, or immunities incurred in or resulting from felony or criminally violent conduct by such individual, including any deprivation in the course of his or her arrest, apprehension, investigation, prosecution, or adjudication.
Redefines "qualified retired law enforcement officer" for purposes of a provision allowing such an officer to carry a concealed firearm by lowering from 15 to 10 years the amount of time such officer must have been regularly employed as a law enforcement officer.
Increases penalties for: (1) injuring or influencing a judicial officer or juror; and (2) tampering with, or retaliating against, a witness, victim, or informant.
Prohibits: (1) filing in any public record or private record which is generally available to the public a false lien or encumbrance against the property of a federally funded public safety officer or other federal officer or employee; and (2) knowingly making restricted personal information about a federal officer or employee, juror, witness, officer of any court, or officer serving at any proceeding before a U.S. magistrate judge publicly available with the intent that it be used to threaten or intimidate such official or to kidnap, injure, or threaten such official or an immediate family member.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1605 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1605
To amend title 18, United States Code, to protect public safety
officers, judges, witnesses, victims, and their family members, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2005
Mr. Kyl (for himself, Mr. Pryor, Mr. Cornyn, Mr. Graham, Mr. Brownback,
and Mr. Chambliss) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect public safety
officers, judges, witnesses, victims, and their family members, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Law-Enforcement
Officers' Protection Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Offense of murder or manslaughter of a federally funded public
safety officer.
Sec. 3. Increased penalties for assault of federally funded public
safety officers, Federal judges, and other
Federal officials.
Sec. 4. Increased penalties for retaliating against a federally funded
public safety officer, Federal judge, or
other Federal official by murdering or
assaulting a family member.
Sec. 5. Increased penalties for murder, manslaughter, and related
crimes under Federal jurisdiction.
Sec. 6. Ensuring fair and expeditious Federal collateral review of
convictions for killing a public safety
officer or State judge.
Sec. 7. Limitation on damages incurred during commission of a felony or
crime of violence.
Sec. 8. Improvements to the Law Enforcement Officers' Safety Act.
Sec. 9. Increased penalties for injuring or influencing a judicial
officer or juror.
Sec. 10. Increased penalties for tampering with a witness, victim, or
an informant.
Sec. 11. Increased penalties for retaliation against a witness, victim,
or informant.
Sec. 12. Protections against malicious recording of fictitious liens
against Federal judges, federally funded
public safety officers, or other Federal
officials.
Sec. 13. Protection of individuals performing certain Federal and
federally assisted functions.
SEC. 2. OFFENSE OF MURDER OR MANSLAUGHTER OF A FEDERALLY FUNDED PUBLIC
SAFETY OFFICER.
Section 1114 of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) In
General.--Whoever'';
(2) in new subsection (a), by inserting ``federally funded
public safety officer or any'' after ``Whoever kills or
attempts to kill any''; and
(3) by inserting at the end the following:
``(b) Definition.--As used in this section:
``(1) Federally funded public safety officer.--The term
`federally funded public safety officer' means a public safety
officer for a public agency (including a court system) that
receives Federal financial assistance.
``(2) Judicial officer.--The term `judicial officer' means
a judge or other officer or employee of a court, including
prosecutors and corrections, probation, and parole officers.
``(3) Public agency.--The term `public agency' has the
meaning given such term in section 1204 of the Omnibus Crime
Control and Safe Streets Act of 1968.
``(4) Public safety officer.--The term `public safety
officer' has the meaning given such term in section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 and also
includes a judicial officer.''.
SEC. 3. INCREASED PENALTIES FOR ASSAULT OF FEDERALLY FUNDED PUBLIC
SAFETY OFFICERS, FEDERAL JUDGES, AND OTHER FEDERAL
OFFICIALS.
(a) Revision of Section 111.--Section 111 of title 18, United
States Code, is amended to read as follows:
``Sec. 111. Assault and interference with certain public officers and
employees
``Whoever assaults or interferes with a person designated in
section 1114, while such person is engaged in, or on account of,
official duties, or assaults a person who formerly served as a person
designated in section 1114 on account of the performance of official
duties, shall be fined under this title and--
``(1) if the conduct constituting the offense is an
interference or a simple assault, be imprisoned not more than
one year, or both;
``(2) if the assault resulted in bodily injury (as defined
in section 1365), be imprisoned not less than 5 nor more than
20 years;
``(3) if a dangerous weapon was used or possessed during
and in relation to the offense, be imprisoned not less than 15
nor more than 40 years;
``(4) if the assault resulted in serious bodily injury (as
defined for purposes of section 2119(2)), be imprisoned not
less than 15 nor more than 40 years; and
``(5) in any other case, be imprisoned not less than 2 nor
more than 10 years.''.
(b) Clerical Amendment.--The item relating to section 111 in the
table of sections at the beginning of chapter 7 of title 18, United
States Code, is amended to read as follows:
``111. Assault and interference with certain public officers and
employees.''.
SEC. 4. INCREASED PENALTIES FOR RETALIATING AGAINST A FEDERALLY FUNDED
PUBLIC SAFETY OFFICER, FEDERAL JUDGE, OR OTHER FEDERAL
OFFICIAL BY MURDERING OR ASSAULTING A FAMILY MEMBER.
(a) Penalties.--Section 115(b) of title 18, United States Code, is
amended to read as follows:
``(b)(1) The punishment for an assault in violation of this section
is a fine under this title and--
``(A) if the assault consists of a simple assault, a term
of imprisonment for not more than one year, or both;
``(B) if the assault resulted in bodily injury (as used in
section 1365), a term of imprisonment for not less than 5 nor
more than 20 years;
``(C) if a dangerous weapon was used or possessed during
and in relation to the offense, a term of imprisonment not less
than 15 nor more than 40 years;
``(D) if the assault resulted in serious bodily injury (as
defined for purposes of section 2119(2)), a term of
imprisonment not less than 15 nor more than 40 years; and
``(E) in any other case, not less than 2 nor more than 10
years.
``(2) The punishment for a kidnaping, attempted kidnaping, or
conspiracy to kidnap in violation of this section is a fine under this
title and imprisonment for any term of years not less than 30, or for
life.
``(3) The punishment for a murder, attempted murder, or conspiracy
to murder in violation of this section is a fine under this title and
imprisonment for any term of years not less than 30, or for life, or
the death penalty.
``(4) A threat made in violation of this section shall be punished
by a fine under this title and imprisonment for a term of not less than
5 years nor more than 20 years.
``(5) Each punishment for criminal conduct under this section shall
be in addition to any other punishment, whether imposed for a
conviction under this section or otherwise, for other criminal conduct
during the same criminal episode.''.
(b) Conforming Amendments Relating to Cross Reference to Section
1114.--
(1) Section heading.--The heading for section 115 of title
18, United States Code, is amended to read as follows:
``Sec. 115. Influencing, impeding, or retaliating against certain
officials by threats or by injuring a family member''.
(2) Table of sections.--The item relating to section 115 in
the table of sections at the beginning of chapter 7 of title
18, United States Code, is amended to read as follows:
``115. Influencing, impeding, or retaliating against certain officials
by threats or by injuring a family
member''.
SEC. 5. INCREASED PENALTIES FOR MURDER, MANSLAUGHTER, AND RELATED
CRIMES UNDER FEDERAL JURISDICTION.
(a) Murder Amendments.--Section 1111(b) of title 18, United States
Code, is amended by inserting ``not less than 30'' after ``any term of
years''.
(b) Manslaughter Amendments.--Section 1112(b) of title 18, United
States Code, is amended--
(1) by striking ``or imprisoned'' and all that follows
through ``both'' and inserting ``and imprisoned for a term of
years not less than 15 years nor more than 40 years''; and
(2) by striking ``or imprisoned'' and all that follows
through ``both'' and inserting ``and imprisoned for a term of
years not more less than 3 years nor more than 15 years''.
(c) Attempt Amendment.--Section 1113 of title 18, United States
Code, is amended by striking ``shall, for an attempt to commit murder''
and all that follows through the period at the end of the section and
inserting ``shall be punished as is provided for a completed
offense.''.
(d) Conspiracy Amendment.--Section 1117 of title 18, United States
Code, is amended by striking ``by imprisonment for any term of years or
for life'' and inserting ``as is provided for the violation which is
the object of the conspiracy''.
SEC. 6. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF
CONVICTIONS FOR KILLING A PUBLIC SAFETY OFFICER OR STATE
JUDGE.
(a) Short Title.--This section may be cited as the ``Dr. John B.
Jamison Act''.
(b) Limits on Cases.--Section 2254 of title 28, United States Code,
is amended by adding at the end the following:
``(j)(1) A court, justice, or judge shall not have jurisdiction to
consider any claim relating to the judgment or sentence in an
application described under paragraph (2), unless the applicant shows
that the claim qualifies for consideration on the grounds described in
subsection (e)(2). Any such application that is presented to a court,
justice, or judge other than a district court shall be transferred to
the appropriate district court for consideration or dismissal in
conformity with this subsection, except that a court of appeals panel
must authorize any second or successive application in conformity with
section 2244 before any consideration by the district court. Relief
shall not be granted with respect to any claim in an application
described in paragraph (2) unless the denial of relief is contrary to,
or would entail an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United States.
``(2) This subsection applies to an application for a writ of
habeas corpus on behalf of a person in custody pursuant to the judgment
of a State court for a crime that involved the killing of a public
safety officer while the public safety officer was engaged in the
performance of official duties, or on account of the public safety
officer's performance of official duties or status as a public safety
officer.
``(3) For an application described in paragraph (2), the following
requirements shall apply in the district court:
``(A) Any motion by either party for an evidentiary hearing
shall be filed and served not later than 90 days after the
State files its answer or, if no timely answer is filed, the
date on which such answer is due.
``(B) Any motion for an evidentiary hearing shall be
granted or denied not later than 30 days after the date on
which the party opposing such motion files a pleading in
opposition to such motion or, if no timely pleading in
opposition is filed, the date on which such pleading in
opposition is due.
``(C) Any evidentiary hearing shall be--
``(i) convened not less than 60 days after the
order granting such hearing; and
``(ii) completed not more than 150 days after the
order granting such hearing.
``(D) A district court shall enter a final order, granting
or denying the application for a writ of habeas corpus, not
later than 15 months after the date on which the State files
its answer or, if no timely answer is filed, the date on which
such answer is due, or not later than 60 days after the case is
submitted for decision, whichever is earlier.
``(E) If the district court fails to comply with the
requirements of this paragraph, the State may petition the
court of appeals for a writ of mandamus to enforce the
requirements. The court of appeals shall grant or deny the
petition for a writ of mandamus not later than 30 days after
such petition is filed with the court.
``(4) For an application described in paragraph (2), the following
requirements shall apply in the court of appeals:
``(A) A timely filed notice of appeal from an order issuing
a writ of habeas corpus shall operate as a stay of that order
pending final disposition of the appeal.
``(B) The court of appeals shall decide the appeal from an
order granting or denying a writ of habeas corpus--
``(i) not later than 120 days after the date on
which the brief of the appellee is filed or, if no
timely brief is filed, the date on which such brief is
due; or
``(ii) if a cross-appeal is filed, not later than
120 days after the date on which the appellant files a
brief in response to the issues presented by the cross-
appeal or, if no timely brief is filed, the date on
which such brief is due.
``(C)(i) Following a decision by a panel of the court of
appeals under subparagraph (B), a petition for panel rehearing
is not allowed, but rehearing by the court of appeals en banc
may be requested. The court of appeals shall decide whether to
grant a petition for rehearing en banc not later than 30 days
after the date on which the petition is filed, unless a
response is required, in which case the court shall decide
whether to grant the petition not later than 30 days after the
date on which the response is filed or, if no timely response
is filed, the date on which the response is due.
``(ii) If rehearing en banc is granted, the court of
appeals shall make a final determination of the appeal not
later than 120 days after the date on which the order granting
rehearing en banc is entered.
``(D) If the court of appeals fails to comply with the
requirements of this paragraph, the State may petition the
Supreme Court or a justice thereof for a writ of mandamus to
enforce the requirements.
``(5)(A) The time limitations under paragraphs (3) and (4) shall
apply to an initial application described in paragraph (2), any second
or successive application described in paragraph (2), and any
redetermination of an application described in paragraph (2) or related
appeal following a remand by the court of appeals or the Supreme Court
for further proceedings.
``(B) In proceedings following remand in the district court, time
limits running from the time the State files its answer under paragraph
(3) shall run from the date the remand is ordered if further briefing
is not required in the district court. If there is further briefing
following remand in the district court, such time limits shall run from
the date on which a responsive brief is filed or, if no timely
responsive brief is filed, the date on which such brief is due.
``(C) In proceedings following remand in the court of appeals, the
time limit specified in paragraph (4)(B) shall run from the date the
remand is ordered if further briefing is not required in the court of
appeals. If there is further briefing in the court of appeals, the time
limit specified in paragraph (4)(B) shall run from the date on which a
responsive brief is filed or, if no timely responsive brief is filed,
from the date on which such brief is due.
``(6) The failure of a court to meet or comply with a time
limitation under this subsection shall not be a ground for granting
relief from a judgment of conviction or sentence, nor shall the time
limitations under this subsection be construed to entitle a capital
applicant to a stay of execution, to which the applicant would
otherwise not be entitled, for the purpose of litigating any
application or appeal.
``(7) In this subsection the term `public safety officer' has the
meaning given such term in section 1114 of title 18.''.
(c) Rights Associated With Habeas Corpus Proceedings.--Section
3771(b) of title 18, United States Code, is amended--
(1) by striking ``In any court proceeding'' and inserting
the following:
``(1) In general.--In any court proceeding''; and
(2) by adding at the end the following:
``(2) Habeas corpus proceedings.--
``(A) In general.--In a Federal habeas corpus
proceeding arising out of a State conviction, the court
shall ensure that a crime victim is afforded the rights
described in paragraphs (3), (4), (7), and (8) of
subsection (a).
``(B) Enforcement.--
``(i) In general.--These rights may be
enforced by the crime victim or the crime
victim's lawful representative in the manner
described in paragraphs (1) and (3) of
subsection (d).
``(ii) Multiple victims.--In a case
involving multiple victims, subsection (d)(2)
shall also apply.
``(C) Limitation.--This paragraph relates to the
duties of a court in relation to the rights of a crime
victim in Federal habeas corpus proceedings arising out
of a State conviction, and does not give rise to any
obligation or requirement applicable to personnel of
any agency of the Executive Branch of the Federal
Government.
``(D) Definition.--For purposes of this paragraph,
the term `crime victim' means the person against whom
the State offense is committed or, if that person is
killed or incapacitated, that person's family member or
other lawful representative.''.
(d) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to cases pending on or after the date of enactment of
this Act.
(2) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this section
provide that a time limit runs from an event or time that has
occurred prior to such date of enactment, the time limit shall
run instead from such date of enactment.
SEC. 7. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR
CRIME OF VIOLENCE.
(a) In General.--Section 1979 of the Revised Statutes (42 U.S.C.
1983) is amended by--
(1) striking ``except that in any action brought against a
judicial officer for an act or omission taken in such officer's
judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief
was unavailable.'' and inserting the following: ``except that--
``(1) in any action brought against a judicial officer for
an act or omission taken in such officer's judicial capacity,
injunctive relief shall not be granted unless a declaratory
decree was violated or declaratory relief was unavailable; and
``(2) in any action seeking redress for a deprivation that
was incurred in the course of, or as a result of, or is related
to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as defined in
section 16 of title 18, United States Code), including any
deprivation in the course of arrest or apprehension for, or the
investigation, prosecution, or adjudication of such an offense,
a court shall not have jurisdiction to consider a claim for
damages other than for necessary out-of-pocket expenditures and
other monetary loss.''; and
(2) indenting the last sentence as an undesignated
paragraph.
(b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by striking ``except that in any action
brought against a judicial officer for an act or omission taken in such
officer's judicial capacity such officer shall not be held liable for
any costs, including attorneys fees, unless such action was clearly in
excess of such officer's jurisdiction.'' and inserting the following:
``except that--
``(1) in any action brought against a judicial officer for
an act or omission taken in such officer's judicial capacity,
such officer shall not be held liable for any costs, including
attorneys fees, unless such action was clearly in excess of
such officer's jurisdiction; and
``(2) in any action seeking redress for a deprivation that
was incurred in the course of, or as a result of, or is related
to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as defined in
section 16 of title 18, United States Code), including any
deprivation in the course of arrest or apprehension for, or the
investigation, prosecution, or adjudication of, such an
offense, the court may not allow such party to recover
attorney's fees.''.
SEC. 8. IMPROVEMENTS TO THE LAW ENFORCEMENT OFFICERS' SAFETY ACT.
Section 926C of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (3)(A), by striking ``was
regularly employed as a law enforcement officer for an
aggregate of 15 years or more'' and inserting ``served
as a law enforcement officer for an aggregate of 10
years or more''; and
(B) by striking paragraphs (4) and (5), and
designating paragraphs (6) and (7) as paragraphs (4)
and (5), respectively; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``or'' after the
semicolon;
(B) in paragraph (2)(B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) in those States or for those law-enforcement agencies
that do not issue the identification or certification required
by paragraph (1) or (2)--
``(A) an identification issued by the agency from
which the individual retired from service as a law
enforcement officer;
``(B) a photographic identification issued by an
agency of the State in which the individual resides,
such as a driver's license or a State identification
card; and
``(C) a document issued by the State in which the
individual resides that either certifies that the
individual is authorized by the laws of that State to
carry a concealed firearm, or, in those States that do
not provide mandatory and objective standards for the
issuance of such a license, certifies that the
individual has received training in the safe handling
of firearms or has completed a firearms safety or
training course for security guards or
investigators.''.
SEC. 9. INCREASED PENALTIES FOR INJURING OR INFLUENCING A JUDICIAL
OFFICER OR JUROR.
Section 1503 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a)(1) Whoever--
``(A) corruptly, or by threats or force, or by any
threatening letter or communication, endeavors to influence,
intimidate, or impede a juror or officer in a judicial
proceeding in the discharge of that juror or officer's duty;
``(B) injures a juror or an officer in a judicial
proceeding on account of the performance of official duties as
such juror or officer; or
``(C) corruptly, or by threats or force, or by any
threatening letter or communication, influences, obstructs, or
impedes, or endeavors to influence, obstruct, or impede, the
due administration of justice;
or attempts or conspires to do so, shall be punished as
provided in subsection (b).
``(2) As used in this section, the term `juror or officer in a
judicial proceeding' means a grand or petit juror, or other officer in
or of any court of the United States, or an officer who may be serving
at any examination or other proceeding before any United States
magistrate judge or other committing magistrate.'';
(2) by striking subsection (b) and inserting the following:
``(b) The punishment for an offense under this section is--
``(1) in the case of a killing, the punishment provided in
sections 1111 and 1112:
``(2) in a case in which the offense was committed against
a petit juror for a matter in which a felony was charged,
imprisonment for any term of years not less than 20 years, or
for life, and a fine under this title; and
``(3) in any other case, a fine under this title and
imprisonment for not less than 10 years nor more than 30 years.
``(c) An attempt or a conspiracy to commit an offense punishable
under this section shall be punished as is provided for the completed
offense or the violation which is the object of the conspiracy''.
SEC. 10. INCREASED PENALTIES FOR TAMPERING WITH A WITNESS, VICTIM, OR
AN INFORMANT.
(a) Changes in Penalties.--Section 1512 of title 18, United States
Code, is amended--
(1) in subsection (a)(3)--
(A) by striking subparagraph (B); and
(B) in subparagraph (C), by striking ``not more
than 10 years'' and inserting ``not less than 5 years
nor more than 20 years'';
(2) in subsection (b), by striking ``or imprisoned not more
than ten years, or both'' and inserting ``not less than 5 years
nor more than 20 years'';
(3) in subsection (c), by striking ``or imprisoned not more
than twenty years, or both'' and inserting ``and imprisoned not
less than 5 years nor more than 20 years''; and
(4) in subsection (d), by striking ``or imprisoned not more
than one year, or both'' and inserting ``and imprisoned not
less than 5 years nor more than 20 years''.
(b) Attempt.--Section 1512(k) of title 18, United States Code, is
amended--
(1) by inserting ``attempts or'' before ``conspires''; and
(2) by inserting ``attempted or'' before ``the
commission''.
SEC. 11. INCREASED PENALTIES FOR RETALIATION AGAINST A WITNESS, VICTIM,
OR INFORMANT.
Section 1513 of title 18, United States Code, is amended--
(1) in subsection (a)(1)(B)--
(A) by inserting a comma after ``probation''; and
(B) by striking the comma which immediately follows
another comma;
(2) in subsection (a)(2), by striking subparagraph (B);
(3) in subsection (b), by striking ``or imprisoned not more
than ten years, or both'' and inserting ``and imprisoned not
less than 10 years nor more than 30 years'';
(4) in the first subsection (e), by striking ``or
imprisoned not more than 10 years, or both'' and inserting
``and imprisoned not less than 10 years nor more than 30
years'';
(5) by redesignating the second subsection (e) as
subsection (f); and
(6) in subsection (f) as so redesignated by paragraph (5)--
(A) by inserting ``attempts or'' before
``conspires''; and
(B) by inserting ``attempted or'' before ``the
commission''.
SEC. 12. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS
AGAINST FEDERAL JUDGES, FEDERALLY FUNDED PUBLIC SAFETY
OFFICERS, OR OTHER FEDERAL OFFICIALS.
(a) Offense.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE, FEDERALLY FUNDED
PUBLIC SAFETY OFFICER, OR OTHER FEDERAL OFFICIAL BY FALSE
CLAIM OR SLANDER OF TITLE.
``Whoever files or attempts to file, in any public record or in any
private record which is generally available to the public, any false
lien or encumbrance against the real or personal property of a person
designated in section 1114 shall be fined under this title or
imprisoned for not more than 10 years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by adding at the
end the following new item:
``1521. Retaliating against a Federal judge, federally funded public
safety officer, or other Federal official
by false claim or slander of title.''.
SEC. 13. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN FEDERAL AND
FEDERALLY ASSISTED FUNCTIONS.
(a) Offense.--Chapter 7 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 117. Protection of individuals performing certain Federal and
federally assisted functions
``(a) Whoever knowingly, and with the intent that it be used to
threaten or intimidate a covered official or to kidnap, injure, or
threaten a covered official or an immediate family member of a covered
official as defined in section 115(c)(2) of this title, makes
restricted personal information about a covered official publicly
available shall be fined under this title and imprisoned for 5 years.
``(b) It is a defense to a prosecution under this section that the
covered official gave permission to make the restricted personal
information publicly available.
``(c) As used in this section--
``(1) the term `restricted personal information' means,
with respect to an individual, the Social Security number, the
home address, home phone number, mobile phone number, personal
email, or home fax number of, and identifiable to, that
individual; and
``(2) the term `covered official' means--
``(A) an individual designated in section 1114; or
``(B) a grand or petit juror, witness, or other
officer in or of, any court of the United States, or an
officer who may be serving at any examination or other
proceeding before any United States magistrate judge or
other committing magistrate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 18, United States Code, is amended by adding at the
end the following new item:
``117. Protection of individuals performing certain Federal and
federally assisted functions.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9524-9531)
Read twice and referred to the Committee on the Judiciary.
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